39894 Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations Authority: 42 U.S.C. 7401 et seq. Transport SIP to meet Infrastructure § 52.1020 Identification of plan. Requirements for the 2010 1-hour NO2 * * * * * Subpart U—Maine NAAQS’’ at the end of the table to read (e) Nonregulatory. ■ 2. Section 52.1020(e) is amended by as follows: adding an entry titled ‘‘Interstate MAINE NON REGULATORY Applicable geo- State submittal Name of non regulatory SIP provision graphic or non- date/effective EPA approved date 3 Explanations attainment area date ******* Interstate Transport SIP to meet Infra- Statewide ............ 2/21/2018 8/13/2018, [Insert Federal This approval addresses Prongs 1 structure Requirements for the Register citation]. and 2 of CAA section 2010 1-hour NO2 NAAQS. 110(a)(2)(D)(i)(I) only. 3 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this col- umn for the particular provision. [FR Doc. 2018–17248 Filed 8–10–18; 8:45 am] Program, U.S. Fish and Wildlife Service, the inadequacy of existing regulatory BILLING CODE 6560–50–P 5275 Leesburg Pike, MS: ES, Falls mechanisms; or (E) other natural or Church, VA 22041; telephone 703–358– manmade factors affecting its continued 2444. If you use a telecommunications existence. The primary causes attributed DEPARTMENT OF THE INTERIOR device for the deaf (TDD), call the to the decline of the hyacinth macaw Federal Relay Service at 800–877–8339. include habitat loss and degradation Fish and Wildlife Service SUPPLEMENTARY INFORMATION: (Factor A), hunting (Factor B), predation (Factor C), competition and low 50 CFR Part 17 Executive Summary reproduction rate (Factor E), and climate Why we need to publish a rule. Under change (Factor E). [Docket No. FWS–R9–ES–2012–0013; the Endangered Species Act (Act), a Section 4(d) of the Act authorizes the 4500030115] species may warrant protection through Secretary of the Interior (Secretary) to RIN 1018–BC79 listing if it is found to be an endangered extend to threatened species the or threatened species. Listing a species prohibitions provided for endangered Endangered and Threatened Wildlife as an endangered or threatened species species under section 9 of the Act. Our and Plants; Listing the Hyacinth can only be completed by issuing a rule. implementing regulations for threatened Macaw On July 6, 2012, the U.S. Fish and wildlife, found at title 50 of the Code of Wildlife Service (Service) published in Federal Regulations (CFR) at § 17.31 (50 AGENCY: Fish and Wildlife Service, the Federal Register (FR) a 12-month CFR 17.31), incorporate the section 9 Interior. finding and proposed rule to list the prohibitions for endangered wildlife, ACTION: Final rule. hyacinth macaw (Anodorhynchus except when a species-specific rule hyacinthinus) as an endangered species under section 4(d) of the Act is SUMMARY: We, the U.S. Fish and promulgated. For threatened species, Wildlife Service, determine threatened under the Act (77 FR 39965). On section 4(d) of the Act gives the Service species status under the Endangered November 28, 2016, the Service discretion to specify the prohibitions Species Act of 1973 (Act), as amended, published a revised proposed rule to list and any exceptions to those for the hyacinth macaw the hyacinth macaw as a threatened prohibitions that are appropriate for the (Anodorhynchus hyacinthinus), a species (81 FR 85488), which included species, as well as include provisions species that occurs almost exclusively a proposed rule under section 4(d) of that are necessary and advisable to in Brazil and marginally in Bolivia and the Act that defined the prohibitions we provide for the conservation of the Paraguay. This rule adds this species to are extending to the hyacinth macaw species. A rule issued under section 4(d) the List of Endangered and Threatened and the exceptions to those of the Act allows us to include Wildlife. We are also establishing a rule prohibitions, as well as provisions that provisions that are tailored to the pursuant to section 4(d) of the Act to are necessary and advisable for the specific conservation needs of that further provide for the conservation of species’ conservation. This rule finalizes threatened species and which may be the hyacinth macaw. the listing of the hyacinth macaw as a threatened species under the Act, and more or less restrictive than the general DATES: This rule is effective September establishes a 4(d) rule to further provide provisions at 50 CFR 17.31. 12, 2018. for the species’ conservation. Peer review and public comment. We ADDRESSES: Comments and materials The basis for our action. Under sought comments from independent received, as well as supporting section 4(a)(1) of the Act, we determine specialists to ensure that our analysis is documentation used in the preparation that a species is an endangered or based on scientifically sound data, of this rule, are available for public threatened species based on any of five assumptions, and analyses. We invited inspection at http:// factors: (A) The present or threatened peer reviewers and the public to www.regulations.gov under Docket No. destruction, modification, or comment on our listing proposals. All FWS–R9–ES–2012–0013. curtailment of its habitat or range; (B) substantive information from peer FOR FURTHER INFORMATION CONTACT: Don overutilization for commercial, review and public comments was fully Morgan, Chief, Division of Delisting and recreational, scientific, or educational considered and incorporated into this Foreign Species, Ecological Services purposes; (C) disease or predation; (D) final rule, where appropriate. VerDate Sep<11>2014 18:06 Aug 10, 2018 Jkt 244001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\13AUR1.SGM 13AUR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations 39895 Previous Federal Actions information from public comments and protected by these other laws does not Please refer to the proposed listing provides our responses. preclude the need to list if the species Comment (1): Many commenters rule, published in the Federal Register still meets the definition of an opined that the Act was meant to on July 6, 2012 (77 FR 39965), for endangered or threatened species. protect species native to the United previous Federal actions for this species Listing under the Act can help ensure States, and the hyacinth macaw should that the United States and its citizens do prior to that date. The publication of the not be listed since it is a foreign species. not contribute to the further decline of proposed listing rule opened a 60-day Our Response: The Act does not the species. That said, we considered public comment period, which closed differentiate between domestic and the conservation role that CITES and on September 4, 2012. Based on new foreign species as it applies to our WBCA provide when developing the information, on November 28, 2016, we responsibilities to determine whether 4(d) rule for the species. The 4(d) rule published a revised proposed rule (81 species are endangered or threatened, that we are putting in place streamlines FR 85488) to list the hyacinth macaw as and sections 4(b)(1)(A) and 4(b)(1)(B)(i) the permitting process by deferring to a threatened species, which included a expressly require the Service to consider existing laws that are protective of proposed rule under section 4(d) of the efforts by a foreign nation prior to hyacinth macaws in the course of Act (16 U.S.C. 1531 et seq.) that defines making a listing determination. The import and export and not requiring the conservation measures that apply to broad definitions of ‘‘species,’’ ‘‘fish or permits under the Act for certain types the hyacinth macaw (50 CFR 17.41(c)). wildlife,’’ and ‘‘plants’’ in section 3 of of activities. Additionally, we are not That revised proposed rule also opened the Act do not differentiate between prohibiting interstate commerce of a 60-day public comment period, which species native to the United States, hyacinth macaw within the United closed on January 27, 2017. species native to both the United States States (see 4(d) Rule, below). Summary of Changes From the Revised and one or more other countries, and Comment (3): Several commenters Proposed Rule species not native to the United States. stated that the information used in the Further, the findings and purposes at proposed rule was outdated; one also We included additional information sections 2(a)(4), 2(a)(5), and 2(b) of the expressed concern that the information regarding action plans in Brazil that aim Act also speak to the application of the was from English-only sources. to reduce deforestation. Act to foreign species and numerous Our Response: The Service is required Brazil has implemented actions plans provisions of the Act and the by the Act to make determinations that aim to reduce deforestation rates in implementing regulations refer to solely on the basis of the best scientific the Amazon and Cerrado, referred to as foreign jurisdictions (e.g., sections 8 and and commercial data available. We the Plan of Action for Prevention and 8A, 50 CFR 424.11(e)). based the proposed rule on all the Control of Deforestation in the Legal Comment (2): Some commenters information we received following the Amazon (PPCDAm) and the Action Plan believed that there is no demonstrable initiation of the status review for the for the Prevention and Control of benefit to listing the hyacinth macaw hyacinth macaw, as well as all of the Deforestation and Burning in the under the Act because it is already information we found during our own Cerrado (PPCerrado), respectively.